Areas of practice

Divorce and Finance

Going through a divorce and agreeing how to share your assets can be traumatic. How will the family home be shared? How will maintenance payments for children be agreed? We are here to help ease the stress of this process and guide you through the court and legal process. We have a number of specialists with experience ranging from high value cases involving complex asset structures and foreign jurisdictions to cases involving modest assets and high indebtedness.

We also have a team of mediators and arbitrators who are available as an alternative route to resolve any conflicts without having to go through the Courts at all.

We can help you with

Financial Remedies on Divorce

Co-habitee disputes relating to shared property and the family home

Preparation of pre- and post-nuptial agreements

Claims relating to specific financial remedies for children

Matters arising from Civil Partnerships

Claims relating to financial provisions following the death of a family member

Injunction and Safeguarding Assets relating to all family finance matters

Enforcement proceedings for Orders relating to all of the above proceedings

Professional Negligence arising from Financial proceedings

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Upon receiving this enquiry form a clerk will contact you within 2 working days to discuss your case in further detail. Please see our 4 steps outlining the process of instructing a Barrister with Barrister For Me.

Case studies

Divorce and Finance 1

Mary and Paul decide to separate and get divorced. They have been married for 20 years and raised three children. They have a traditional marriage where Paul has been the breadwinner and Mary has been responsible for the home and the children and Mary has always allowed Paul to deal with the family’s finances. A year ago, Paul received the lump sum from his pension which he transferred to the parties’ oldest son (who is much closer to his father than his mother). It is a sizable sum of money. Paul says that this was a gift in order for their son to buy a house. He did not discuss this gift with Mary and it turns out that Paul is going to live in the house with their eldest son when they are divorced. Mary feels that it is unfair that this lump sum will not be taken into account in the division of the matrimonial finances.

Mary contacts a barrister via the Direct Access scheme even before the Financial Remedy proceedings are before the Court. The barrister is able to advise Mary about what application she needs to make to ask the Court to return the lump sum and explains what evidence will be required from her in relation to resolving the Financial Remedy proceedings.

The Court lists a hearing to deal specifically with the lump sum. At that hearing, Mary is represented by the barrister who cross-examines Paul and the parties’ eldest son about the lump sum. After hearing the evidence, the Court decides the money should be returned to the matrimonial finances to be included in the division between Mary and Paul. The Court then lists the financial dispute resolution hearing to take place six weeks later. After the hearing about the lump sum, the barrister advises Mary on how to write an offer letter to Paul to try and resolve the case without it having to go to a third hearing. After a couple of weeks, Paul accepts the offer. The barrister drafts a consent order on that basis which the parties take to Court and the Judge approves at the financial dispute resolution hearing.

Save time and money by using the services of one of our Barristers without having to go via a Solicitor first – less stress, less expense. We have clerks waiting to advise you how to do this and who will recommend which Barrister is best placed to help you.